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<br />I!. LIMITS ON EXERCISE OF AUTHORITY
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<br />This discussion deals generally with municipal planning and zoning; it applies,
<br />with only minor changes, to counties and townships as well. Once a plan has
<br />been prepared, local governmental units are authorized to implement the plan
<br />using means which include, but are not limited to, zoning regulations,
<br />subdivision regulations, official mapping, and a program for coordination of
<br />public improvements and services of the municipality (often referred to as a
<br />capital improvements program). Since the zoning ordinance is the most
<br />frequently used and frequently challenged implementation method, the three
<br />primary challenges most frequently leveled against a zoning ordinance will be
<br />discussed. These three challenges are: the ordinance is inconsistent with the
<br />enabling act, the ordinance is unconstitutional as written, and/or the zoning
<br />ordinance is unconstitutional as applied to a specific unit of property. These
<br />three types of challenges apply as well to other "official controls."
<br />
<br />A. Consistency with Enabling Act.
<br />
<br />Local governments are only authorized to do what the legislature says they
<br />can do. If the enabling act does not authorize the type of regulation
<br />undertaken in the zoning ordinance, the ordinance can be invalidated by a
<br />court. This, however, is rare. Over the years, the enabling act in
<br />Minnesota has been broadly construed by the courts as a broad grant of
<br />authority to ~unicipalities, and courts have been generally unwilling to
<br />find that a zoning ordinance goes beyond the authority granted by the
<br />enabling act.
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<br />In summary, the enabling act authorizes the municipality to regulate the
<br />location, height, bulk, number of stories, size of building and other
<br />structures, the percentage of lot which may be occupied, the size of yards
<br />and other open spaces, the density and distribution of population, the uses
<br />of buildings and structures for trade, industry, residence, recreation,
<br />public activities, or other purposes, and the uses of land for trade,
<br />industry, residence, recreation, agriculture, forestry, conservation, water
<br />supply conservation, conservation of shorelands, access to direct sunlight
<br />for solar energy, flood control, or other purposes, and authorizes the
<br />municipality to establish standards and procedures regulating the uses.
<br />The regulations may divide the municipality into districts or zones of
<br />suitable numbers, shape, and area. The regulations shall be uniform for
<br />each class or kind of buildings, structures or land and for each class or
<br />kind of use throughout such district, but the regulations in one district
<br />may differ from those in other districts.
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<br />Enabling legislation establishes limitations on procedure and scope or
<br />s~bstance 'of land use controls.
<br />
<br /> bulk of the procedural requirements are addressed to notification of
<br /> ~u!~tic. For example, a public hearing must be~held before property is
<br />' ~, r rez~ned. The z~ning ordinance must be published. Failure to
<br /> ,_ ~.n~ 1~..~ ~./ ~. r:~'~, not rssu!t ir~ t~e ~vali~ation
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